"Lucky" to Live in NJ?

[vladtepes 1,060]

Really???? Yet that is EXACTLY what happened here in 1992..there wasnt any "Grandfathering" you registered, destroyed, disposed of or turned in. if they levae out the Registration option, you either turn them in or sell them out of state.

 

wouldn't the option of registering essentially be grandfathering in the sense that you were able to retain ownership?

[kman 56]

No grandfathering would not pass legal challenge, as it is an 'ex-post-facto law'. Unconstitutional. Period.

 

It would not be an ex post facto law if it states that as of 30 days from enactment, nobody can possess them.

 

An "ex post facto" law is one that makes action that already occurred place illegal.

 

So they couldn't make it a crime for you to buy a magazine if you bought it before the bill was passed - when you bought it, there was no law against buying it. But they can make it a crime for you to continue to possess it after a certain date.

 

The bar on "ex post facto" laws is to protect you from the legislature essentially enacting you into a crime for activity that was, at the time, illegal.

 

https://en.wikipedia.org/wiki/Ex_post_facto_law

 

That is, of course, setting aside the issue of whether any such law was constitutional under the 2nd Amendment.

[GlassFanta 0]

wouldn't the option of registering essentially be grandfathering in the sense that you were able to retain ownership?

 

Yes, but in typical NJ fashion, expect any such registration to be "may approve", require tons of police bureaucracy, etc. Hell, with this governor, would it really be a surprise for Mr. Pretend Fiscal Conservative to say that "we don't have enough money to fund the police bureaucrats that would process applications" and effectively leave no method to actually register. All the while everyone cheering cause Tub-o saved a few bucks.

 

I'll give you a perfect example. Did you know that the Federal government actually has a legal process via which convicted felons who have not returned to crime can apply to have their rights to own a firearm restored? It simply never gets a single penny of funding so for all practical purposes, it does not exist.

[kman 56]

Since it is very likely that something is going to be enacted in New Jersey, perhaps we can get something out of it.

 

For instance, it would be a huge plus if we could get the FPID and Pistol Permit process taken out of the municipal police office and just have the State Police run it. Then we wouldn't have to be dealing with these curmudgeons in the local police office, inconsistent local policies and delays, and when we move we could just submit a change of address instead of having to go through applying for the whole thing all over again. This is something that ought to be a high priority to tack onto any gun bill going forward this year. Since the NJ State Police does the NICS check anyhow, the whole matter of issuing paper pistol permits is ridiculous, I know for a fact that if you try to buy more than one pistol a month the NICS will be denied. So we might finally be free of these pistol permit requirements if the State Police take over the process.

 

Going even further, getting some sort of shall issue carry permit attached to the bill might actually be achievable, as it would save the state money versus litigating at the Supreme Court level. This might also draw other interests into the picture which would help, such as local Pink Pistol chapters, gay rights organizations, womens rights organizations, whose members enjoy the ability to get carry permits in most of the nation to defend themselves, but not here. Concealed carry has a much broader base than just gun nuts, otherwise it wouldn't have been passed in so many other areas.

 

Would you trade a state 10 round magazine limit for a real resident carry permit in NJ? To me that's one step back and two steps forward, a net plus.

 

We need to think big on this, there is opportunity as well as peril. If we are just grumpy curmudgeons we are just going to lose.

[GlassFanta 0]

Would you trade a state 10 round magazine limit for a real resident carry permit in NJ? To me that's one step back and two steps forward, a net plus.

 

The idealist in me says no, to accept a strict interpretation of the 2A and nothing less.

 

The realist in me, sees the merit of something like this. California typically gets a lot of ridicule for its harsh gun laws, however there is no statewide permit system, certainly nothing where local police get to jerk you around for 5 months, walk into a gun shop and buy a gun with a NICS + wait period. And not to mention several counties now have CCW permits, including urban cities like Sacramento.

 

Although I hate to make concessions, and would love to be Mr. Founding Father, the sad reality is ten rounds on your waist is much better than 15 in a safe at home, if one must make such a choice.

 

One thing is for certain, NJ simply does not have a large population of gun owners. Gun owners are not a threat at the polls, so all the tough talk you typically see, sadly, is just hot air. Perhaps a more realistic approach to this is in order.

 

It's also worth noting that NJ's current hollow-point laws do not allow the few people with an NJ CCW to carry modern JHP ammo like any police officer or responsible CCWer would. NJ's few carriers are left with Pow'r'Balls and FMJs which can be a pretty risky proposition.

[quikz 34]

I never ever ever like any thought of a 10 rd mag, as if these utopianists nannys govt fetishists believe it is some kinda 'magic' number. The VAST majority of today's handguns used for practical home protection or CCW is above 10 rds. To hell with them.

[CageFighter 236]

f**k ny AND nj!

[Handyman 5,682]

Lucky?

 

I guess lucky like if you are getting kicked in the balls and you are thinking, "Boy, am I lucky I'm just getting kicked in the balls and not also getting poked in the eye."

[damm834 0]

WOW it passed... That's just wrong and unfair to gun owners in NY...